Wyoming is the latest state to move forward with legislation that would give homeowners and law enforcement more rein against squatters, following New York, Florida and Georgia.
The bill was approved 10-4 by the state Assembly's Joint Judiciary Committee and must now be approved on the state Senate floor. If passed, the bill would make illegal trespassing with destruction of property a felony, punishable by up to 10 years in prison and a $10,000 fine.
The law also allows property owners to notify law enforcement and evict “squatters” from their properties, provided there is no ongoing legal dispute between the property owners related to the property. also possible. Right now, law enforcement agencies in Wyoming and other parts of the country often have their hands tied in situations like this, directing exhausted homeowners to address the issue in civil court.
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The photo is of a house in Casper, one of the cities in Wyoming that has a problem with illegal occupation. (Natalie Behring/Bloomberg via Getty Images)
Rona Boril, a Casper real estate agent who has been selling homes in the state for 50 years, helped spur the bill after a horrific crash at one of her rental properties.
She told FOX News Digital that the confrontation with the squatters began after she evicted a previous legal tenant from her property for nonpayment.
“I thought the property was vacant,” she recalls. “As I was about to enter the property, I heard footsteps and thought, 'What's going on?'”
Then I saw a large strange man standing at the top of the stairs.
“He said, 'Who are you and what are you doing on this property?'” Boril recalled. “I said, 'Who are you and what are you doing on this property? I could ask you the same thing.'”
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The photo was provided by Wyoming real estate agent Rona Boril of damage caused by squatters on one of her properties in Casper. (Rona Boril)
Suddenly, Boril said, “men came out from every corner of the house like cockroaches.”
Five other men showed up and told her they had a lease on the property but could not provide any documentation. Borrill said he has owned the building in Casper since the '80s.
She said she intended to return to the police department in the morning, but both local police and the sheriff's department told her they could not help and that she would have to pursue the matter in civil court. .
“The next morning I came back with my big buddies and when I unlocked them they were gone, but the place had been trashed. Dirty clothes, dirty mattresses, needles and stuff. There was drug paraphernalia everywhere,” she said. “I started clearing the property. The cost was approximately between $15,000 and $18,000.”
Rona Boril told FOX News Digital that it cost her more than $15,000 to “clear” her property after a group of squatters moved in. (Rona Boril)
“Professional” squatters move from house to house and maintain knowledge of state-by-state laws
At that point, she contacted state Sen. Jim Anderson. Both were shocked to learn that squatting is not a problem limited to coastal states like California and New York.
“I thought it might be isolated. But then I started talking to other real estate agents and found out that Casper has a problem with squatters and they've all had that experience. “I was told there was,” Anderson, the bill's sponsor, told Fox News. digital.
“When I talked to a representative from the state real estate agency, she said, “Wow, I didn't realize how much of a problem it was.'' It's really huge in Cheyenne, Gillette, Sheridan… people illegally. It's the whole state that has the problem of occupiers.
“They had the same complaint. They said it should be a civil case instead of a criminal trespassing case. I'm really surprised… it was unbelievable in our community.” [of Casper]. There were many people who owned rental homes in similar situations and had their homes demolished…I had never heard of it on the news. I was really surprised by its size. ”
The Wind River and Route 20 cut through a beautiful valley between the towns of Shoshone and Thermopolis in central Wyoming. (Don and Melinda Crawford/UCG/Universal Images Group via Getty Images)
Anderson said the bill is modeled on: HB 621 in Floridapassed earlier this year.
The committee also passed a bill that would make it a criminal offense to use fraudulent documents to acquire or continue to own property in Wyoming.
Joseph Cammarata, a Washington, D.C.-based attorney with the law firm Chaikin, Sherman, Cammarata & Siegel, told FOX News Digital that he supports the spirit of the bill.
“There are people who are breaking the law and they don't belong there,” he said. “Your home is your castle, and it's being invaded by other people, so you want them out, and whoever they are, they have to get out. And you're like, 'Well. , we have to treat this, this group says, “These squatters have special concerns and considerations, so it's okay to stay home a little bit longer.'' Well, that. I ask people, would you move into your house and love it? ”
Cammarata said he believes the bill is well-intentioned, but that it “gives the police complete impunity and that even if the police are involved in removing squatters, they will not be allowed to participate in any way, manner, or form.” Well, neither party will be held responsible for any harm caused.” Are you a homeowner or a squatter? ”
“In my opinion, it goes too far in terms of absolute impunity for the police,” he added. “They know how to act. They know how to act. They know how to treat themselves within the protections of the Constitution. .”
But Anderson told Fox News Digital that the provision was added to make it easier for police to deal with often complex situations.
“I like that the police have immunity. It's up to the police to make decisions. Supposedly homeowners can produce deeds and all kinds of documents, but there are a lot of , squatters can also submit the same type of documents,” he said. “It's difficult for police or sheriffs or whoever deals with it.”
Cammarata also pointed out that the language of the upcoming law would allow “the sheriff, if requested by the owner, to charge the reasonable hourly rate that the owner pays the sheriff.”[s] A peace officer shall remain on standby to maintain peace while the owner or agent changes locks and removes the unauthorized occupant's personal property from or near the property line.
“Homeowners would have to pay police fees when they exercise their rights and call the police. If that were true, homeowners would already be providing safety to their communities. I think Congress is forgetting that we pay for the police as part of our tax dollars to make it “big.'' “
Anderson said he is “confident” the bill will pass, noting there is still room for amendments before it passes.
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“They might raise some issue during the session and delete that paragraph, but I don't even like that,” Anderson said. “I asked my lawyer about it and he said, 'I don't think it makes any difference.' [whether that portion is written into the bill] – The sheriff won’t stay here if he doesn’t get paid. ”
Florida's HB 621 would also charge fees to homeowners in this situation, as well as “civil eviction fees and charges if a deputy must stand by and maintain peace until the unauthorized person is evicted.” They also charge an hourly wage.
Cammarata also said the $10,000 fine for squatters is likely to be more symbolic than actionable.
“Ten thousand dollars that the squatters have to pay? Well, let's try to collect that first,” he said. “You could make it $100,000. It's a piece of paper. And it's worth as much as that piece of paper is worth. It's not much. So that $10,000 is going to come right back to you.” I don’t have any expectations…They wouldn’t be able to live in your house if they weren’t homeless.”
